Calvin Gaines, et al.

In this en banc decision, the WCAB consolidated twenty-four cases where the same WCJ (Karinneh Aslanian, Van Nuys) issued Orders Suspending Action (OSAs) on various Compromise and Release agreements, demanding medical evidence, ultimatums to obtain evaluations or dismiss with prejudice, and justifications for attorney's fees. Applicants sought removal, arguing the OSAs improperly compelled additional discovery and exceeded the scope of adequacy review. The Board held that a settlement is only enforceable after WCAB approval and the WCJ must determine both validity and adequacy to protect the injured worker and public interest, but that the WCJ may not use an OSA to compel medical evaluations, dismissals with prejudice, or fee reductions without notice, due process, and a record. The Board found the WCJ's conduct and biased statements (e.g., 'free cash money handout system' and 'get rich quick scheme') warranted disqualification under section 5311 and Code of Civil Procedure section 641. The Board granted the petitions, rescinded each OSA, disqualified the WCJ, and returned each case to the Presiding WCJ for reassignment.